The Compromises Progressive Prosecutors Must Make


Book Description

Elected prosecutors in the United States have facilitated mass incarceration, especially since 1994. In response, activists have helped to elect progressive prosecutors at the local level. This thesis examines whether prosecutors can achieve progressive goals, including increasing the fairness of the criminal justice process, prosecuting police abuse, and reducing incarceration. Based on three case studies, I find that prosecutors can reduce incarceration and increase the fairness of the criminal justice process, but that they currently face significant constraints in prosecuting police abuse. A prosecutor's capacity to collaborate with more conservative agents is the most crucial factor for success and depends on not prosecuting police abuse, limiting the extent to which they reduce prosecutions, and, to a lesser degree, limiting how far they go toward promoting a fairer criminal process.




Charged


Book Description

NEW YORK TIMES BESTSELLER • A renowned journalist and legal commentator exposes the unchecked power of the prosecutor as a driving force in America’s mass incarceration crisis—and charts a way out. “An important, thoughtful, and thorough examination of criminal justice in America that speaks directly to how we reduce mass incarceration.”—Bryan Stevenson, author of Just Mercy “This harrowing, often enraging book is a hopeful one, as well, profiling innovative new approaches and the frontline advocates who champion them.”—Matthew Desmond, author of Evicted FINALIST FOR THE LOS ANGELES TIMES BOOK PRIZE • SHORTLISTED FOR THE J. ANTHONY LUKAS BOOK PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR • The New York Public Library • Library Journal • Publishers Weekly • Kirkus Reviews The American criminal justice system is supposed to be a contest between two equal adversaries, the prosecution and the defense, with judges ensuring a fair fight. That image of the law does not match the reality in the courtroom, however. Much of the time, it is prosecutors more than judges who control the outcome of a case, from choosing the charge to setting bail to determining the plea bargain. They often decide who goes free and who goes to prison, even who lives and who dies. In Charged, Emily Bazelon reveals how this kind of unchecked power is the underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle. Charged follows the story of two young people caught up in the criminal justice system: Kevin, a twenty-year-old in Brooklyn who picked up his friend’s gun as the cops burst in and was charged with a serious violent felony, and Noura, a teenage girl in Memphis indicted for the murder of her mother. Bazelon tracks both cases—from arrest and charging to trial and sentencing—and, with her trademark blend of deeply reported narrative, legal analysis, and investigative journalism, illustrates just how criminal prosecutions can go wrong and, more important, why they don’t have to. Bazelon also details the second chances they prosecutors can extend, if they choose, to Kevin and Noura and so many others. She follows a wave of reform-minded D.A.s who have been elected in some of our biggest cities, as well as in rural areas in every region of the country, put in office to do nothing less than reinvent how their job is done. If they succeed, they can point the country toward a different and profoundly better future.




Prisoners of Politics


Book Description

America’s criminal justice system reflects irrational fears stoked by politicians seeking to win election. Pointing to specific policies that are morally problematic and have failed to end the cycle of recidivism, Rachel Barkow argues that reform guided by evidence, not politics and emotions, will reduce crime and reverse mass incarceration.




Guilty People


Book Description

Criminal defense attorneys protect the innocent and guilty alike, but, the majority of criminal defendants are guilty. This is as it should be in a free society. Yet there are many different types of crime and degrees of guilt, and the defense must navigate through a complex criminal justice system that is not always equipped to recognize nuances. In Guilty People, law professor and longtime criminal defense attorney Abbe Smith gives us a thoughtful and honest look at guilty individuals on trial. Each chapter tells compelling stories about real cases she handled; some of her clients were guilty of only petty crimes and misdemeanors, while others committed offenses as grave as rape and murder. In the process, she answers the question that every defense attorney is routinely asked: How can you represent these people? Smith’s answer also tackles seldom-addressed but equally important questions such as: Who are the people filling our nation’s jails and prisons? Are they as dangerous and depraved as they are usually portrayed? How did they get caught up in the system? And what happens to them there? This book challenges the assumption that the guilty are a separate species, unworthy of humane treatment. It is dedicated to guilty people—every single one of us.




Get Off My Neck


Book Description

A deeply revealing exposé of the American prosecutorial system and its historic and present racial inequities—and how we can transform the system to one of fairness and justice. In Get Off My Neck, Debbie Hines draws on her unique perspective as a trial lawyer, former Baltimore prosecutor, and assistant attorney general for the State of Maryland to argue that US prosecutors, as the most powerful players in the criminal justice system, systematically target and criminalize Black people. Hines describes her disillusionment as a young Black woman who initially entered the profession with the goal of helping victims of crimes, only to discover herself aiding and abetting a system that prizes plea bargaining, speedy conviction, and excessive punishment above all else. In this book, she offers concrete, specific, and hopeful solutions for just how we can come together in a common purpose for criminal justice and racial justice reform. Get Off My Neck explains that the racial inequities in the prosecutorial system are built into our country’s DNA. What’s more, they are the direct result of a history that has conditioned Americans to perceive the Black body as insignificant at best and dangerous at worst. Unlike other books that discuss the prosecutor’s office and change from inside the office, Hines offers a proactive approach to fixing our broken prosecutorial system through a broad-based alliance of reform-minded prosecutors, activists, allies, communities, and racial justice organizations—all working together to end the racist treatment of Black people. Told intimately through personal, family, and client narratives, Get Off My Neck is not only a deeply sobering account of our criminal justice system and its devastating impact on Black children, youth, and adults but also a practical and inspiring roadmap for how we can start doing better right now.




Becoming an Exemplary Peace Officer


Book Description

Michael Josephson discusses ethical values and decision-making techniques as he explores the everyday pressures that can compromise our integrity.




Too Big to Jail


Book Description

American courts routinely hand down harsh sentences to individual convicts, but a very different standard of justice applies to corporations. Too Big to Jail takes readers into a complex, compromised world of backroom deals, for an unprecedented look at what happens when criminal charges are brought against a major company in the United States. Federal prosecutors benefit from expansive statutes that allow an entire firm to be held liable for a crime by a single employee. But when prosecutors target the Goliaths of the corporate world, they find themselves at a huge disadvantage. The government that bailed out corporations considered too economically important to fail also negotiates settlements permitting giant firms to avoid the consequences of criminal convictions. Presenting detailed data from more than a decade of federal cases, Brandon Garrett reveals a pattern of negotiation and settlement in which prosecutors demand admissions of wrongdoing, impose penalties, and require structural reforms. However, those reforms are usually vaguely defined. Many companies pay no criminal fine, and even the biggest blockbuster payments are often greatly reduced. While companies must cooperate in the investigations, high-level employees tend to get off scot-free. The practical reality is that when prosecutors face Hydra-headed corporate defendants prepared to spend hundreds of millions on lawyers, such agreements may be the only way to get any result at all. Too Big to Jail describes concrete ways to improve corporate law enforcement by insisting on more stringent prosecution agreements, ongoing judicial review, and greater transparency.




Race, Ethnicity, and Policing


Book Description

The text includes both classic pieces and original essays that provide the reader with a comprehensive, even-handed sense of the theoretical underpinnings, methodological challenges, and existing research necessary to understand the problems associated with racial and ethnic profiling and police bias.




Free Justice


Book Description

Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders--lawyers provided by the government for those who cannot afford private counsel. Though often taken for granted, the modern American public defender has a surprisingly contentious history--one that offers insights not only about the "carceral state," but also about the contours and compromises of twentieth-century liberalism. First gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. Gideon v. Wainwright enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a "crisis" of underfunded, overworked defenders providing inadequate representation--a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and it chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms.